ExxonMobil Hong Kong Limited and its affiliated companies ("ExxonMobil" or "we", "us", or "our") are pleased to give you access to the Esso application along with related or linked websites, applications, services, interfaces, tools, software, and other functionality provided on or through the Esso application (collectively the "Esso app") subject to your agreement to comply with these Terms and Conditions (Accessible in Esso app → My Smiles → Settings → Terms and Conditions) and our Privacy Statement (Accessible in Esso app → My Smiles → Settings → Privacy Statement) (collectively the "Agreement"). Please read these Terms and Conditions carefully before using the Esso app. By accessing or using the Esso app on any computer, mobile phone, tablet, console or other device (together "Devices" and each a "Device"), you confirm that you have read, understood and agreed to be bound by these Terms and Conditions and any other applicable law.
If you do not agree to these Terms and Conditions, please do not access or use the Esso app or any functionality thereof.
Note 1: The Esso app may only be used by a person who is 18 years old or over. If you are under 18 years old please do not use the Esso app or send us any personal data (e.g.: your name, age, address or email address).
ExxonMobil reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without any further notice to you. If we do this, we will post the updated version of this Agreement in the Esso app (Esso app → My Smiles → Settings → Terms and Conditions and Esso app → My Smiles → Settings → Privacy Statement). It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the Esso app will be subject to this Agreement.
Your use of the Esso app after any such changes constitutes your acceptance of the new Agreement. In some cases you may be asked to agree to revised terms when accessing the Esso app and if you do not agree to the revised terms you will not be allowed to use the Esso app.
You may terminate this Agreement at any time by uninstalling the Esso app. Your rights under this Agreement will terminate automatically without notice from ExxonMobil, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Esso app.
You understand and agree that some of your User Content may continue to appear on or through the Esso app or may persist in backup copies for a reasonable period of time even after your account and/or access to the Esso app is terminated.
ExxonMobil will close or deactivate inactive customer accounts and close accounts that are used in violation of these Terms and Conditions or the Privacy Statement.
The Esso app is currently made available to you free of charge only for personal, non-commercial, non-exclusive use. ExxonMobil reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Esso app without compensation to you, including, but not limited to (i) restricting the time all or any part of the Esso app is available, (ii) restricting the amount of permitted use of all or any part of the Esso app, and (iii) restricting or terminating any user's right to use all or any part of the Esso app; or (b) offer opportunities to some or all users of all or any part of the Esso app. You agree that neither ExxonMobil nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Esso app, in whole or in part, or of any service, content, or feature offered through the Esso app.
The Esso app (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Esso app, accompanying data, and other embedded software, including third-party software, Esso app updates and upgrades, (collectively "Esso Content")), — whether in read-only memory, on any other media, or in any other form — are owned by ExxonMobil or its licensors and are protected by applicable law. No title or any intellectual property rights are transferred to you.
In addition, ESSO, EXXON, EXXONMOBIL, MOBIL, Synergy Fuel Technology, Esso Smiles Driver Rewards and certain other brands and trademarks, (collectively "Esso Marks") are marks of ExxonMobil or one of its affiliates. Third party marks displayed on the Esso app are owned by their respective owners.
Esso Content is protected by copyright. No Esso Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of Esso Content in any way or for any purpose other than as permitted in this Agreement is a violation of ExxonMobil's or an affiliate's copyrights or other proprietary rights. Permission in writing for all other uses of Esso Content must be obtained from ExxonMobil in advance. All content, graphics, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of ExxonMobil.
You understand that you have no rights to the Esso app, Esso Content, Esso Marks, or any other ExxonMobil property except as indicated in this Agreement. ExxonMobil reserves all other rights with respect to its intellectual property.
Solely to enable your use of the Esso app for non-profit making, non-exclusive purposes, subject to third-party terms (as described below) ExxonMobil hereby grants you a limited, revocable, non-sub-licensable licence to use the Esso app as provided in this Agreement. This licence entitles you to install the Esso app on your Device and to use the Esso app subject to this Agreement. Further, this Agreement does not grant you any rights to use ExxonMobil's proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Esso app. Any use of the Esso app in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Esso app or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Esso app is prohibited.
While using the Esso app, ExxonMobil may record information including, but not limited to, your geographic location, Device address, type of Device, your Device's unique ID, the IP address session start and stop times, network status and information about the way you use the Esso app ("Device Information"). Your use of the Esso app constitutes your consent to allow ExxonMobil to process and record your Device Information.
In order to use certain features of the Esso app, you must register by providing ExxonMobil with certain User Content, as requested by ExxonMobil, including your name, email address, and a password. ExxonMobil reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. You agree as follows:
You agree as follows:
We reserve the right in our sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the Esso app upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Esso app in any manner.
The Esso app may allow you to enter, post, submit, or link to certain content (including, for example, text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, and reviews for others to see (collectively "User Content"). ExxonMobil does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the Esso app. By entering, posting, submitting, providing, or linking to User Content on or through the Esso app, however, you grant ExxonMobil and ExxonMobil hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferrable, sub-licensable, fully-paid up, and royalty free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release ExxonMobil from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:
The Esso app requires use of the internet through a mobile signal or wireless internet connection to operate correctly, thus the availability of the Esso app may be affected by factors beyond ExxonMobil's control. ExxonMobil does not accept responsibility for unavailability of the Esso app. Further, the terms of your agreement with your respective mobile network provider apply when using the Esso app. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Esso app. All such charges are your responsibility.
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by ExxonMobil that are intended to be operated in connection with products made commercially available by Google LLC ("Google") via the Google Play Store (each, an "Google-Enabled application"):
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by ExxonMobil that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple") (each, an "Apple-Enabled application"):
We may send you, via email, app notification, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to ExxonMobil generally, the Esso app unless you opt-out of receiving such communications when you register to use the Esso app or through the account settings within the Esso app.
You expressly acknowledge that use of the Esso app and any loss of data or damage to your Device is at your sole risk.
ExxonMobil hereby disclaims all warranties and conditions, express or implied, with respect to the Esso app and your downloading and use of the Esso app. ExxonMobil does not warrant against interference with your enjoyment of the Esso app, that the operation of the Esso app will be uninterrupted, or error-free, or that any defects in it will be corrected.
ExxonMobil does not endorse or recommend any person, organization, name, product or service concerning or supplied by any third party and referred to in all information stored on or receivable through the Esso app ("Information"), nor does the Information constitute ExxonMobil's views or opinions. ExxonMobil will not be a party to any transaction between you and any third party in any way relating to the Information or made through the Esso app unless and only to the extent expressly stated in writing otherwise.
To the extent not prohibited by law, in no event shall ExxonMobil be liable for personal injury, loss of profits, loss of data, loss of business, business interruption, procurement of substitute goods or substitute services, or any other commercial damages or losses, or any incidental, special, indirect, consequential, or punitive damages whatsoever, arising out of or related to your use or inability to use the Esso app, however caused.
Save in respect of claims for fraudulent misrepresentation and death or personal injury caused by the negligence of ExxonMobil or an affiliate or their respective employees or contractors, in no event shall ExxonMobil's total liability to you for all damages and losses (other than as may be required by applicable law) exceed five hundred Hong Kong dollars (HK$100).
You understand that you are personally responsible for your use of the Esso app and for all User Content provided using your account. Accordingly, you agree to indemnify, defend, and hold ExxonMobil and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that ExxonMobil may incur in connection with a third-party claim, or otherwise, in relation to your use of the Esso app, your User Content or your violation of either this Agreement or the rights of any third party.
The Esso app may only be used by persons who are legally resident in the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Access to or use of the Esso app by persons or from countries/regions who are sanctioned by the United States or the European Union is specifically prohibited.
We reserve the right not to accept any use of the Esso app or otherwise limit use of the Esso app if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
Any information that ExxonMobil may collect from you during your use of the Esso app is subject to our Privacy Statement, which is a part of this Agreement. We encourage you to read and understand our Privacy Statement, which will be updated from time to time and made available in the Esso app.
ExxonMobil uses commercially reasonable security measures to protect your User Content and your account information and has security measures in place to help protect against the unauthorized access of personally identifiable information under our control. We utilize both online and offline security methods, including firewalls, passwords, and restricted physical access to the places where your information is stored to help protect personally identifiable information.
This Agreement is are governed by and to be interpreted in accordance with the laws of Hong Kong and in the event of any dispute arising out of or in connection with this Agreement or any dispute arising in relation to the Esso app the courts of Hong Kong will have exclusive jurisdiction over such dispute.
This Agreement is the entire agreement between you and ExxonMobil. It supersedes and replaces any and all prior agreements between you and ExxonMobil relating to your use of the Esso app. The failure of ExxonMobil to exercise or enforce any right of this Agreement shall not operate as a waiver of such right. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court, that provision is deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Esso app after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Esso app or through email communication to the registered account holder. Where these Terms and Conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
If you have any questions or concerns about the Esso app you may contact us at:
Esso Smiles Customer Service Centre
Tel: (852) 3197 8188 (Press "1" for Chinese, "2" for English)